Matthew L. Cutler
- Indexed articles, last 90 days
- 8
- Latest publication
- Sep 11, 2026
- Outlet visibility, for Mondaq
- Top 500K sites
- Earliest in this view
- Jul 30, 2026
Latest articles
Octane Fitness, A Decade On: What The Fee-Shifting Decision Actually Changed (opens the original)
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When people hear “Octane Fitness, LLC v. ICON Health & Fitness, Inc.,” they usually remember it as the case that made it easier to get attorney’s fees in patent litigation. That is true, but it also undersells what actually shifted. Ten-plus years later, the common story is still a little too simple. I write about this case with some personal stake in it. I was district-court trial counsel for Octane Fitness in the underlying litigation. We won on summary judgment before the case went up on appe
IPR, PGR, Or Reexamination? Choosing A Path To Challenge A Patent At The USPTO (opens the original)
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The three ways to attack a patent’s validity at the Patent Office: what each one costs you, what each one buys you, and why the choice is harder than it was a few years ago When a patent is asserted against your company, in a demand letter, a district court complaint, or an ITC investigation, one of the first strategic questions is whether to attack the patent itself, and if so, where. District court is one option. The Patent Office offers three separate paths, each with its own statute, timing
Before You Sign: The IP Due-Diligence Guide For M&A And Private-Equity Deals (opens the original)
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A practical primer on the intellectual-property questions that move deal value In many deals, the intellectual property is the asset. Software, patents, brands, and trade secrets often carry more of the purchase price than the hard assets do. That makes IP due diligence a value question, not a paperwork exercise. This primer walks through what a buyer and a seller should check, why each item matters, and which findings tend to reprice or kill a deal. Why does IP diligence affect what a deal is w
You Received A Patent Troll Demand Letter Or Lawsuit? A Plain-English Playbook (opens the original)
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What to do first when a non-practicing entity comes after your company A letter arrives accusing your company of infringing a patent you have never heard of. Or you are served with a lawsuit filed in a distant district (probably the Eastern District of Texas) by a company that makes nothing and sells nothing. This page walks through what that is and what to do about it…in the order you should do it. “Patent troll” is the informal label for a non-practicing entity (NPE), also called a patent-asse
Barred At The Border: What A Section 337 Case At The ITC Means For Your Business (opens the original)
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If you sell imported products in the United States, a single filing at a federal agency in Washington can put your entire import business at risk. That filing is a Section 337 complaint asking the U.S. International Trade Commission to block your products at the border. The stakes are high, the schedule is fast, and the rules are unlike ordinary court litigation. This article explains what a Section 337 investigation is, what the ITC can do to your business, and why respondents need experienced
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Top 500K sites
For Mondaq, the outlet · Measured Aug 1, 2026
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